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(영문) 부산지방법원동부지원 2020.07.08 2020가단202823

양수금

Text

1. The Defendant’s annual interest in KRW 259,522,307 and KRW 96,277,491 among the Plaintiff, from September 24, 2004 to March 11, 2010.

Reasons

1. Facts of recognition;

A. On March 31, 2010, Nonparty B filed a lawsuit against the Defendant for the claim of reimbursement amount under the Daegu District Court Branch Branch Decision 2009Kadan21892, and on March 31, 2010, the above court rendered a favorable judgment against the Defendant that “the Defendant shall pay to the Plaintiff 262,17,726 won and 98,932,910 won among them, 25% per annum from September 24, 2004 to March 11, 2010, and 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive around that time.

(hereinafter “Prior Judgment”). B.

B On October 29, 2013, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, a stock company transferred the instant judgment claim to the Plaintiff. On December 31, 2013, the company notified the Defendant of the assignment of the said claim.

C. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

[Reasons for Recognition: Each entry in Gap evidence (including paper numbers) and the purport of the whole pleadings]

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff, who acquired the instant advanced judgment, the total amount of principal and interest of KRW 259,522,307 and the principal amount of KRW 96,277,491, as sought by the Plaintiff, 25% per annum from September 24, 2004 to March 11, 2010, 20% per annum from the next day to September 30, 2015, 15% per annum from the next day to May 31, 2019, and damages for delay calculated at 12% per annum from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.